Smt Bimla Devi v. Smt Sarvan Devi & ORS.
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 480/2023 SMT BIMLA DEVI .....Plaintiff Through:
Dr. Suman Chaudhary and Mr.
Vishvender Singh, Advocates.
versus SMT SARVAN DEVI & ORS.
.....Defendants Through:
Mr. Neeraj Kumar Jha, Advocate for D-1, D-2 D-3 & D-5.
Mr. Hrithik Jarodia, Advocate for D-7.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 19.05.2026 I.A. 15188/2023 & CS(OS) 480/2023 & I.A. 6513/2024 1.
I.A. 15188/2023 has been jointly filed by the parties under Order XXIII Rule 3 read with Section 151 of the CPC for disposing of the present Suit in terms of the Settlement Agreement dated 13.05.2026, entered into between the parties before the Delhi High Court Mediation and Conciliation Centre.
2.
The instant Suit is one for partition and permanent injunction. During the pendency of the proceedings, the parties were referred to the Delhi High Court Mediation and Conciliation Centre to explore the possibility of an amicable settlement. It is stated that vide Settlement Agreement dated 13.05.2026, the parties have settled the disputes. A copy of the Settlement CS(OS) 480/2023 Page 1 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Agreement has been annexed with the present Application. The Settlement Agreement is reproduced in its entirety, and the same reads as under:- CS(OS) 480/2023 Page 2 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CS(OS) 480/2023 Page 3 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CS(OS) 480/2023 Page 4 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CS(OS) 480/2023 Page 5 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CS(OS) 480/2023 Page 6 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CS(OS) 480/2023 Page 7 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CS(OS) 480/2023 Page 8 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
A perusal of the Settlement Agreement discloses that the parties have agreed to divide the Suit Property amicably and the portion allotted to each of the parties is reflected in the site plan annexed with the Settlement Agreement. The Settlement Agreement has been signed by all the parties. 4.
This Court has perused the Settlement Agreement and is of the opinion that the same is lawful in nature and is capable of being accepted under Order XXIII Rule 3 of the CPC.
5.
The Settlement Agreement is taken on record.
6.
The instant Application has been signed by all the parties and is accompanied by their respective affidavits.
7.
The Plaintiff has joined the proceedings through video conferencing today. She has been identified by the learned Counsel for the Plaintiff. The Plaintiff states that she has read and understood the contents of the Settlement Agreement. She also states that the Settlement Agreement has been entered into without any coercion or under influence. 8.
The Parties are bound by the terms contained in the Settlement Agreement. The parties are directed to abide by the Settlement Agreement and not raise any further disputes in implementing the Settlement Agreement.
9.
It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court. 10.
The present Suit is disposed of under Order XXIII Rule 3 of the CPC CS(OS) 480/2023 Page 9 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in terms of the Settlement Agreement dated 13.05.2026, along with pending application(s), if any.
11.
Since the suit has been settled between the parties, the Plaintiffs are entitled to a refund of the entire court fee in terms of Section 16 of the Court Fees Act. The Registry is directed to refund the entire court fees to the Plaintiffs.
12.
The Application is disposed of in the aforesaid terms. SUBRAMONIUM PRASAD, J MAY 19, 2026 Rahul CS(OS) 480/2023 Page 10 of 10 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.